California’s Relative CareGiver Law Recognizes Guardianship Over Adoption by Non Family Members

Even though this was made public in 2007, this bit of legislation – now is California Law – has just come to my attention (bold emphasis added): 

 CALIFORNIA STATUTE PUTS EMPHASIS ON PLACEMENT WITH EXTENDED FAMILY

Gov. Arnold Schwarzenegger has signed the Relative Caregiver Bill (AB298) into law, allowing foster children greater access to permanent placement with extended family members. The statute allows for extended family members to be given legal guardianship as a preference over adoption by non-family members. In addition, the law – enacted in October – requires relative caregivers to be given information regarding the options of legal guardianship and adoption, including the long-term benefits and consequences of each option. To read the law, go to: http://www.legislat ure.ca.gov/ port-bilinfo. html and search by bill number.

            When I searched for the Bill under the above number, I could not find it. Fellow adoption reformer, Cully Ray, confirmed the correct Bill name and number to be Relative Caregiver Bill AB12 (http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0001-0050/ab_12_bill_20100128_history.html).  

             There have been recent amendments made to his law (269 pages can be found at: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0001-0050/ab_12_bill_20100125_amended_asm_v95.pdf).

            There is even a newsletter. Again, I am late to this, but the information, though late to me, is valuable: Kinship Quaterly: A Resource Newsletter for Relative Caregivers in LA County Written by Relative Caregivers in LA County (PDF – Issue 1 Vol 1 Year 1).   http://dcfs.lacounty.gov/kinshippublic/documents/kinshipquarterlyvol1.pdf.
            This is hope for the children NOW who are faced with temporary family crisis of poverty, job or home loss, parental death of one or parents, or foster care placement, to not only stay together as a sibling group and a family, but to have the decency and respect of care-giving adults to acknowledge that a child’s family of birth comes before ANY consideration of coerced relinquishment to adoption, ANY “placement” for adoption, and that LEGAL GUARDIANSHIP is preferred BY LAW before adoption by a stranger is even considered.
            Imagine that: human compassion, respect, dignity for children who suffer family stress and loss, especially children who have lost one or both parents by death. Real, domestic, half and full orphans in California (USA) from the legal separation by adoption, and protected from the seizure and seal of their birth certificates, and protected from the falsification of facts on a “new” and “amended” birth certificate issued upon the finalization of every adoption.
              If the adults involved in coercing my father (in 1956) into relinquishing me, a newborn infant, to a closed adoption of distant relatives of my deceased mother, had been faced with a law to prevent such coercion, I would have been raised perhaps by my father, or by the distant cousin and his wife who actually adopted me — in a totally open and honest relationship with my father and my siblings.
             Instead, the resulting trauma of losing my mother of birth to her early death was compounded by my loss of my father and my full blood siblings because people thought that they were doing the right thing by: taking me off of my father’s already full plate of worry and obligation, giving me to a loving married couple who were childless for the first 18 years of their married life.
            My idylic childhood of 18 years as the only child of these loving parents in no way is a fair trade-off of the losses I, and my siblings and our father, had to endure for the sake of closed adoption. The love of my adoptive parents and most of my extended adoptive family, was conditional: I was never to know I had siblings, or blood kin, living in the same city. And to be socially shunned and mocked because because I accepted a reunion with my natural family…to this very day…
            Thank you, California, for officially recognizing the sanctity of a child’s family and birth identity.
           Added Information: NOTE — Bill number is AB 12, not AB 298:
           http://www.actnowinc.net/AMUSTREAD.html

ASSEMBLY- MAZE BILL AB 298

ASSEMBLYMAN Bill Maze, R-Visalia, has heard too many disturbing stories about relative caregivers being “strong armed” by social workers to either adopt a child — or risk having him or her taken away.

It’s not right.

“Relative caregivers should be our first line of placement,” said Maze.

The source of these horror stories is no mystery. California judges who are determining the fate of a child are guided by state law to give preference to adoption by a stranger over guardianship by a relative. Also, the federal government rewards the state with a $4,000 incentive payment for each adoption of a foster child above a baseline rate.

“Given the difficult task of finding adoptive homes for the many foster children who do not have a relative caregiver, it is hard to understand why we would want to threaten to remove a child rather than accepting a relative guardianship as a permanent plan and placement … yet existing law allows this exact scenario to arise on a daily basis,” the Children’s Law Center of Los Angeles, which represents 20,000 abused and neglected youth, wrote in a recent letter to Maze.

As the law center noted, there are many reasons why a relative caregiver may prefer legal guardianship over adoption. “A grandmother or aunt might view adoption as ‘taking the child away’ from her own daughter or sister,” the law center wrote.

The law center is leading the push for Maze’s AB298, which would adjust state law to make clear that a child living with a relative guardian should be allowed to stay in that home when possible. The best interest of the child should be the guiding principle of these often excruciatingly tough custody decisions — and AB298 helps advance that goal.


 
           

Happy Adoption Day 53 Years Ago Today

Happy Adoption Day, my eyeball. The only ones happy were my adoptive parents.

Fifty three years ago, today, at age 1 year, I lost my legal right to be a part of the family I was born into. I lost my legal right to have the birth certificate that documents my birth. I won the legal right to own a birth certificate that says I was born to a woman who factually adopted me: that is misrepresentation of material facts, which is fraud.

Fifty three years ago, today, my dead mother lost her right to be my legal mother. Bad enough she faced dying knowing that she’d leave behind five children, one of whom was a newborn, but she did not know that adoption would not  only take away that newborn, but adoption would prevent her from forever being named on her child’s legal birth certificate.

Fifty three years ago, today, my father walked away from Surrogate’s Court in Erie County Hall, Buffalo, New York, a defeated man. He did what was told to him. He gave away his newborn because a Catholic priest said these words to him at his wife’s funeral ten months previously: “The baby needs two parents.” On top of that, a woman whom he did not know came up to him at his wife’s funeral and said, “I know a couple who will take your baby.”

And to this day, there are members of my dead mother’s family who believe that my father “didn’t want” me.

My father gave me up because he believed I would have a better life with two parents. At the time he relinquished me, he was a single father of five children. There was no help to keep his family together, only vultures swarming to descend and take away the children. “I’ll take the boy”, said one brother of my dead mother. But my father said no. My mother’s brothers got mad at him. My father was an only child. He had his sickly aging parents to help him. His own cousins had children of their own and did not help him keep his family together. Relinquishing me, letting me go, was his only option to save the rest of his family, and himself.

To expect a man in deep, profound grief to make life-altering decisions for his child and himself at a point of personal crisis is cruel. If he had been told the truth: that his dead wife’s family would hold this against him for eternity, that they would spread filthy rumors about him, that the adoptive family into which he relinquished his child would continue ongoing relationships with select members of his dead wife’s family and continue the gossipy rumors, all the while HE was told to stay away, he would never had agreed to relinquish his child to such an adoption. If my father were told that relinquishing his daughter to this permanent adoption would result in the utter destruction of his daughter’s personal papers, personal identity, emotional and psychological well-being, and that adoption would destroy her birth certificate, he would never have agreed to relinquishment and the adoption of his child. My father does not understand the true depth of destruction that adoption has caused me: he does not want to know because the pain is too deep.

That pain is what the adoptee experiences. That pain is not worth the benefits of Happy Adoption Day.

I am a defeated person, a shell of what I could have been. To live my life each day knowing that the very people who professed their love for me, who devoted their lives to me as my adoptive parents, loved me so much that they willfully and knowingly kept me apart from my own father and my own sisters and brother, kept me apart from my own cousins and from even knowing where my dead mother was buried, just so that they could have the luxury of raising a child “of their own”, knowing that my adoptive parents told so many lies to me for the first 18 years of my life, to know all of this was done “for my benefit” makes me so sick I want to vomit.

My adoption wasn’t love. It was possession.

I am supposed to feel grateful. I am supposed to feel happy that I wasn’t raised with my father and my siblings because “what kind of life would you have had with them?” This is the indoctrination said to me, the adoptee, by my adoptive parents and believed by extended adoptive family and the general public’s accumlated “knowledge” of adoption.

The adoptive cousins with whom I have had meaningful relationships in childhood have been what I cling to. Though we are not blood, we know each other as cousins. There are blood cousins with whom  I share closeness also.

But there is also this pervasive undertow of deception, rumor and gossip. What was it that my adoptive mother said to me just a few weeks ago as she lay in her nursing room bed? “Oh, by the way, there are people who believe that you had affairs with two of your adoptive cousins.” What? Who the hell is spreading this filth around? Again? Still? Many people in my extended adoptive family and natural mother’s family, that’s who. They are the ones who are sick. Manipulative. I want no part of perverted minds. I am tired of being the brunt of their jokes.

While Jaycee Duggard has had the unfortunate experience of having been raped repeatedly by her abductor, having two children by him, she is not alone in her captivity. How can I possibly cope with the misinformation and gossip that is said for decades among family members because they “think” or “believe” something is true?

I was raised in a beautiful middle class home in the suburbs of Buffalo, an only child, with all the attention my adoptive parents could give me. It was conditional love: I was never supposed to know my own siblings and certainly not my own father and I should never know about the truth of how my mother died. My happy childhood memories come with a price: no childhood with my own siblings. Yet my adoptive parents had theirs. I loved my parents. I loved my extended adoptive family. Only to find out at age 18 that my life was one lie built upon another. After my Reunion, a shock that sent me into oblivion for years, I was expected to bounce back, to recover, to build my life as an adult as if this shock did not “bother” me. I was accused of “living in the past” and “being obsessed with adoption” and “pulling that stunt” and “knowing my siblings all along”. The ones who “pulled that stunt” were my adoptive parents and extended adoptive family. The ones who were mad that I “was living in the past” had the luxury of knowing their own personal histories while growing up. The ones who accused me of “knowing my siblings all along” were guilty of preventing me from knowing my own flesh and blood: my adoptive parents and all who backed them in their secrecy and deception.

What is it that the psychologists say that Jaycee Dugard must undo? Is it called “Stockholm Syndrome”? Perhaps other adoptees have not had a life so entrenched with turmoil as I have had, but other adoptees sure do have sealed and falsified birth certificates. Many adoptees and adoptive parents will be screaming: “What? She can’t be comparing adoption to what Jaycee Dugard experienced!”

Oh, yes, I can.

I was held prisoner in my sheltered home for 18 years in an idyllic life away from the “crappy” life my siblings lived on the opposite side of the city. (again, indoctination from my adoptive parents against my own family of birth). I should feel grateful I didn’t live with them because they had rags for clothes, or so I was told by my adoptive mother after I was found by siblings she so intensely did not want to me ever know.  Who gets to torture an adoptee like that? I feel very much that Stockholm Syndrome fits my life, too. I was abducted from my own family by adoptive parents who selfishly kept me to themselves, knowingly and willfully depriving me of relationships with my own siblings. That is nothing less than child abuse. Beyond the mixed feelings of love for adoptive parents who “took care of me”, there are a myriad of conflicts I must cope with on a daily basis: the circulating rumors of sexual misconduct, feelings of being tricked by so many people whom I am supposed to love, feelings of wondering what other misconceptions people built up around me because they knew my blood family and I did not, feelings of shame and guilt because other relatives do not approve of my life.

There was a definite rift in my life when I was found by siblings I never knew. Certain members of my adoptive family sank away from me as if I were a leper. I am one person, people. If I am as bad as my relatives say I am, then I surely do deserve the hate mail and the obscene phone calls that have permeated my life since 1974 because I dared to accept a reunion with my father and my siblings. Form my point of view, this is gang-mentality against one adoptee.

Check out the Page on this blog “My Archives” to see the “dreadful” adoption reform newspaper articles I wrote. These articles are my way of defending the rights of adoptees, the rights of the donor-conceived, and the rights of our natural parents. I stuck up for Mary Beth Whitehead, the infamous surrogate mother, and her daughter. I got hell for that from my family members, people who are not in my direct social circle. I wrote against sperm donation. I got hell for that, too, again from family members who did not approve of my public statements against procedures that harm the chidlren created by these means. The general public’s stupidity is to be expected, but to be mistreated by my own families in the form of hate mail and hate phone calls and whispers behind my back and dirty looks and snide comments — all from my own families because I did what was right for me. This is the life of an adoptee well hated for being who she is: an adoptee advocating for humane change in the restrictive, discriminatory and de-humanizing adoption practices in America.

I’ve said it before and I’ll say it again: for all the hate and disrespect I have been given because I was born to a woman who died and then relinquished to adoption, was found by siblings I never knew and was hated for that, endured criticism because I was slow to recover or did not do what other people wanted me to do: get over being adopted, I would have rather been born a bastard. Bastards get more respect than this adopted half orphan has ever received.

Happy Adoption Day — Fifty-three years of hell.

Are you catching the drift as to why I am anti-adoption?

California Bill AB 1325 (Beall & Cook) Discriminatory To Non-Native American ADOPTEES

This came to me via an email. Sender is protected by no name indicated. —–

Joan,

Yes, please share this Bill with everyone you can. This bill can BE USED TO FURTHER OUR CAUSE IF USED OFFENSIVELY. IT REALLY IS THE FEDERAL GOVERNMENT FAILING TO STAND BY ALL ADOPTEES AND LETTING THE STATES PICK AND CHOSE HOW THEY ARE GOING TO TREAT US. I say this over and over… But there is NO “except for adopted persons” clause in the US Constitution. This could be an issue that would go all the way to the Supreme Court if argued properly.

… … …

Letter to the California Legislators:

Sent: 1/10/2010 11:26:56 AM Pacific Standard Time

Subject: AB 1325 (Beal & Cook) Discriminatory To Non-Native Americans

Dear California Assemblymembers:

It has been announced that AB 1325 (Beal & Cook) will go into effect in July, 2010. This bill will allow adoptions to occur without the termination of parental rights for Native children.

Why is it that Native American children relinquished for adoption are treated BETTER than non-Native American children relinquished for adoption in this State?

Why is it that ICWA protects their rights to their identities via their original birth certificate and their rights to Tribal membership? Why do they get to know who their biological parents are when they turn 18?

Now, AB 1325 takes this preferential treatment for Native American children relinquished for adoption one step further. Why is it that MY representatives in the Assembly refuse to release MY ORIGINAL BIRTH CERTIFICATE TO ME? I am 40 years old.

Please explain to me how my civil rights are less important than the civil rights of Native Americans. I look forward to a response from at least my representatives in the 1st District.

Thank you for your time,

Sincerely,

(Name Withheld From this Post)

 

Here is the Tribal Alert:

2010-01-01 California Tribal Customary Adoption Harmonizes State Law and Tribal Custom

 

Poll Started by Mara – Should Kids Given Up for Adoption Have Their Rights Defended in Court?

WOW! Best Birthday Present EVER! Thanks, Mara!

First, take the poll:

Should Kids Given Up For Adoption Have Their Rights Defended in Court? (CASA)

Then, leave a comment.

I was the first to do so on my BIRTHDAY, thanks to Mara!

Here’s my answer: YES!!!

And my Comments, spelling mistakes and all:

If my rights had been defended in court by an independant attorney who was looking out for my true “best interest of the child”, my adoption might have been handled diffeerently. One solution to my pre-adoptive parents’ petition to adopt me could have been to totally negate their petition on the grounds that it would be illegal and immoral to remove an infant from an existing sibling group and change her name and her identity to conform to what the adoptive parents want for “their” adopted child. Another solution could have been was to modify the petition to adopt by restricting the pre-adoptive parents to Legal Guardians. That would have kept my legal and my birth name one and the same (thereby preserving my Birth Certificate), and at the same time, given my Guardians the joy of raising a child with the knowledge of and visitation with that child’s one remaining parent (mother died) and visitation with her older siblings. The third option — which is what actually happened — to sever the ties completely with the father and siblings of the adoptee and raise the child 100% as the “only child” of the adopting parents which completely cut off my ties to my natural father, wiped out my chance for a timely and appropriate grieving of my MOTHER’s death, and wiped out any relationship that could have developed with my full blood siblings. It is a crime what happened to me! NO CHILD SHOULD BE PERMENTENTLY SEPARATED BY ADOPTION. This is cruel and is child abuse!!!! I blame the adoptive parents and the adotpive family for lying, manipulating the system and lying to the relinquishing natural father who was vulnerable at age 31 because he was grieiving the loss of his 30 year old wife who was the mother of five children.

Oh, yes, another solution would have been to compelety restore my father AS my father, restore my siblings AS my siblings, negate 100% the Petition to Adopt by my pre-adotpive parents and provide emotional and financial support for this FAMILY to stay together.

Still another solution would have been to give me back to my father, but, since my pre-adoptive parents had taken care of me for 10 months prior to the Final Court Date securing my closed and sealed adoption, that would have been cruel to them. This last option would have validated those legal guardians’ rights to have contact with the child they had grown to love.

These situations happen all the time. Played out quite well in extended family within my adoptive family: my adoptive parents took care of a number of sinling groups who did not have a father (he ran off). But, my adoptive parents (years before I was born and adopted) had respect for the remaining parent, knew their own boundaries and limitations as Parent Figures, and loved the children anyway.

Love is best when it is honest and respectful. Closed and sealed adoption destroys family relationships for generations.

Children who are Relinquised for adoption and who are being Petioned to be be Adopted, SHOULD have legal cousel to prertect their best interests.

Had my legal rights been protected from the very beginning, I would have had a happier life.

Thank you for the opportunity to speak.

Joan M Wheeler of http://forbiddenfamily.com .

………

Now, all you good little adoptees, go raise some hell on this fabulous poll started by MARA!!!!

Guest Post – ONE LIE = MANY GENERATIONS LOST

This post is written by Lori Carangelo founder of Americans For Open Records, and submitted by me, legitimatebastard, via email:

Another thing the general public as well as pro-adoption folks don’t consider is that neither relinquishing Parents nor Adopters have a say wih regard to falsifying and sealing the Adoptee'[s birth recoird — It’s the law, even in stepparent adoptions.  And it’s not only the immediate “Triad” of Adoptee-Parent-Adopter who are adversely affected by the Adoptee’s falsified records.  It’s also the Triad’s future children and their children who inherit the burden as well.
 
I found my son two decades ago, after an 18-year search hindered by falsified sealed “adoption-birth” records.  Two decades later,  now that they are of legal age and can make their own decisions, I found his two daughters, my granddaughters, who were also lost to adoption (stepparent adoptions with falsified, sealed records).  One of them who I had helped raise in her first year, could not possibly have remembered me nor know that I loved her.  I had no say in her parents’ decisions and only my son’s Adopter was permitted to be part of her life as “her grandmother,” just as only his Adopter was allowed to be his “Mother.”  This granddaughter was evidently conditioned from an early age to be angry and distrustful of not only her father (my son) but also his “birth” family, and so she rejected my attenpt to know and befriend her.
 
My other granddaughter, however, who has the same father (my son), different mother, and who I had never seen, has told me she was searching for her father before I found her and that she is interested to know about the family and “what she missed”…an expression of a natural need to know.  Is it that my two granddaughters have different genes and personalities?  Or that they have different resiliences to adoption’s lies, half-truths and false assumptions?  Or that they were raised in different environments with different histories?  I’ve had only a first contact with her at this writing, so cannot yet answer these questions, but anticipate we’ll both have lots of questons…and answers that adoption would otherwise withhold, distort, or fabricate.  
 
Books such as Joan Wheeler’s “Forbidden Family” are written to help break the cycle of adoption’s mistakes not only for themselves but also for future generations.
 
Lori Carangelo, Founder ( http://LoriCarangelo.com)
Americans For Open Records ( http://AmFOR.net )

Couple Implanted With Another Couple’s Embryo Will Give Baby To His Genetic Parents Immediately Upon Birth

from my former blog —

TUESDAY, OCTOBER 13, 2009

Couple Implanted With Another Couple’s Embryo Will Give Baby To His Genetic Parents Immediately Upon Birth….

Honesty, sincerity, integrity! Can you imagine that? Here’s a couple, devastated to learn this past February that the pregnancy achieved through IVF was not their biological child, this couple makes the right decision to give the baby back to his rightful parents. The boy is not yet born. The couple is devastated that they are not pregnant with their own genetic child.

The genetic parents will be traveling to the hospital from another state for the delivery, but they will not be in the room for the cesarean delivery. Here’s the link to that story on CNN:http://www.cnn.com/2009/HEALTH/09/22/wrong.embryo.family/index.html

This unborn boy has the right to a truthful birth certificate. He also has rights to all of his parents.

I hope the authorities will document this boy’s conception and birth truthfully. He has two mothers. Even though the second father is not involved in conception and birth, he is emotionally connected to that baby. The couple who is going through this pregnancy has influenced this unborn baby with their voices, their emotions, their environment, and their love. They must be added to the boy’s birth certificate: the pregnant woman will give birth to a son who is not her genetic son! The genetic parents will have their newborn placed in their arms at birth. They should also be named on the child’s birth certificate. Information about the infertility clinic where he was conceived should also be named.

Visitation should be awarded to the parents who will relinquish their birth-son, and, from the boy’s perspective, he may also want to visit with these parents and their other children. After all, he was nurtured in his birth-mother’s womb and heard her other children’s voices. They are his siblings, even though they are not genetically related.